Forrest v. Portland Ry. L. & P. Co.
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge.. Statement by Mr. Justice Burnett. This is an action by Gertrude H. Forrest against the Portland Railway Light & Power Company, a corporation. The facts are as follows: The plaintiff was a passenger in one of the defendant’s street cars, and claims to have been injured in a collision between that car and another one on the same line.
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From Multnomah: Robert G. Morrow, Judge.. Statement by Mr. Justice Burnett. This is an action by Gertrude H. Forrest against the Portland Railway Light & Power Company, a corporation. The facts are as follows: The plaintiff was a passenger in one of the defendant’s street cars, and claims to have been injured in a collision between that car and another one on the same line. She alleged “that the shock of said collision greatly injured the nervous system of the plaintiff, caused a displacement of her uterus, rendered her sick and sore, caused her to be confined to her room almost constantly…
1Opinion of the CourtJustice Burnett
1. In Chapter 4 of Title IX of the Oregon Code of Civil Procedure, it is said (Section 731, L. O. L.), that—
“All persons without exception, except as otherwise provided in this chapter who having organs of sense can perceive and perceiving can make known their perceptions to others may be witnesses. * * ”
In Section 733, L. 0. L., it is stated that—
“There are particular relations in which it is the policy of the' law to induce confidence and to preserve it inviolate ; therefore, a person cannot be examined as a witness in the following cases: * * (4) A regular physician or surgeon shall not…
2Cases cited8 opinions
- Hunt v. BlackburnSupreme Court of the United States · 1888
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Winters v. WintersSupreme Court of Iowa · 1897
- State v. RaderOregon Supreme Court · 1912
- In re Young's EstateUtah Supreme Court · 1908
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3Cited by23 opinions
- Smith v. McDuffeeOregon Supreme Court · 1914
- Woods v. WikstromOregon Supreme Court · 1913
- Sullivan v. WakefieldOregon Supreme Court · 1913
- Reynolds Metals Company v. Paula Martin Yturbide, Reynolds Metals Company v. Verla Martin, Reynolds Metals Company v. Paul MartinCourt of Appeals for the Ninth Circuit · 1958
- Schneider v. TapferOregon Supreme Court · 1919
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